ASHISH ANIL KUMAR OJHA AND ORSversusPOONAM ASHISH OJHA AND ANR

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                                   CRIMINAL WRIT PETITION NO. 285 OF 2026
VAISHALI
ANIL
TIKAM
                   Ashish Anil Kumar and Ors.                         … Petitioners
Digitally signed
by VAISHALI
ANIL TIKAM                  V/s.
Date:
2026.01.30
19:58:09 +0530     Poonam Ashish Ojha and Anr.                        … Respondents.
                                                        ---

                   Mr. A.R. Pandey, Advocate for the Petitioners.
                   Ms. Afreen Shaikh a/w. Mr. Sherin Baby a/w. Sunail Shariff i/b.
                   Falcon Legal for Respondent No.1.
                   Ms. Pallavi Dabholkar, APP for the State.
                   PSI R.G. Gujar, Malad Police Station.
                                                    ---

                                         CORAM :     ASHWIN D. BHOBE, J.
                                            DATE :   28th JANUARY, 2026
                   P.C. :



                   1.               This Petition under Article 226 of the Constitution of

                   India is preferred by the Petitioners against the FIR No. 424 of

                   2018 registered with the Malad Police Station, Mumbai under

                   Sections 498(A), 406, 420, 504, 506 r/w. Section 34 of the Indian

                   Penal Code and the chargesheet registered as Case No. 2119/PW

                   of 2019 pending on the file of 24th Metropolitan Magistrate Court,

                   Borivali, Mumbai.


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2.          Petitioner No.1 (Husband) is present in Court.

Petitioner Nos. 2 and 3 are appearing through video conferencing.

Mr. A.R.Pandey, learned Advocate for the Petitioners identifies

Petitioner No.1, Petitioner Nos. 2 and 3 appearing on VC.              He

tenders photostat copies of the identity cards of the Petitioners (5

pages), same are taken on record and marked "X" collectively for

identification.

3.           Respondent No.1 is present on VC. Ms. Afreen Shaikh,

learned Advocate for Respondent No.1 identifies Respondent No.1

appearing through VC. and she tenders a photostat copy of the

identity card of Respondent No.1, same is taken on record and

marked "X-1" for identification.

4.          Mr. Pandey, learned Advocate for the Petitioners and

Ms. Afreen Shaikh, learned Advocate for Respondent No.1 jointly

submit that the Petitioners and Respondent No.1 have amicably

resolved the matrimonial dispute before the Family Court at

Bandra, Mumbai in Petition No. A-2956/2012 by filing consent

terms dated 02/08/2023. They submit that the Family Court No.2,

Mumbai has accepted the consent terms and disposed of the said

proceedings by judgment and order dated 03/11/2025. They rely



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on the consent terms and the judgment which are produced on

record as Exhibits 'C' and 'D'. They submit that the affidavit dated

03/11/2025 of Respondent No.1 giving her no objection is filed at

Page Nos. 65 and 68 of the paper-book. Said Affidavit dated

03/11/2025 is marked "X-2" for identification. Respondent No.1

states that the Affidavit ("X-2") has been filed out of her own free

will and contents of the same are as per her say. She reiterates

the contents of paragraphs 4,5, 6,7 and 8 of the Affidavit ("X-2")

and submits that she has no objection for quashing of the FIR and

criminal proceedings.

5.          Mr. Pandey, learned Advocate for the Petitioners and

Ms. Afreen Shaikh, learned Advocate for Respondent No.1 jointly

submit that the matter being settled,     the criminal proceedings

may not be continued.

6.          Ms. Dabholkar, learned APP for the State by referring

to the consent terms dated 02/08/2023, judgment dated

03/11/2025 and the statements made by Respondent No. 1 in the

Affidavit ("X-2")   submits that no purpose would be served in

continuing with the criminal proceedings and the FIR can be

quashed.



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7.              Considering the aforesaid circumstances, the nature

of dispute, the dispute being resolved before the Family Court at

Bandra, the statements made by Respondent No.1 in the Affidavit

("X-2") and having regards to the pronouncement of the Hon'ble

Supreme Court in the cases of Gian Singh vs. State of Punjab1,

Narinder Singh & Ors. vs. State of Punjab and Anr. 2, Sandeep

Singh Thakur vs. Stae of Madhya Pradesh and Anr. 3, there is no

impediment for allowing this Petition.

8.              In view of the above, this Petition is allowed in terms

of prayer clause (a). Consequently, the FIR No.424 of 2018

registered with Malad Police Station and the chargesheet bearing

2119/PW of 2019 are quashed.

9.              There shall be no order as to costs.




                                        (ASHWIN D. BHOBE, J.)




1    (2012) 10 SCC 303.
2    (2014)6 SCC 466.
3    2025 SCC OnLine SC 2927.


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